APPOINTIVE OFFICIALS
RESPONSIBILITY FOR HUMAN RESOURCE AND
DEVELOPMENT
1. The local chief executive shall be responsible for the human
resources and development in his unit and shall take all
personnel actions in accordance with the Constitution,
pertinent laws, including such policies, guidelines and
standards the CSC may establish;
L Provided, that the local chief executive may employ
emergency or casual employees or laborers paid on a daily
wage or piecework basis and hired through job orders for local
projects authorized by the Sanggunian concerned, without
need of approval of attestation by the CSC, as long as the said
employment shall not exceed 6 months/
H De Rama v. CA – the Constitutional prohibition on “midnight
appointments,” specifically those made within 2 months immediately
prior to the next presidential elections, applies only the President or the
Acting President. There is no law that prohibits local elective officials
from making appointments during the last days of their tenure absent
fraud on their part, when such appointments are not tainted by
irregularities or anomalies which breach laws and regulations governing
appointments.
H Gov. Conrado Nicart v. Ma. Josefina Titong – appointment made
by the outgoing Samar Governor Ben Evardone between the period
from May 11, 2010 (day after the election) and June 29, 2010 (day
before the expiration of Evardone’s term) were disapproved by the
CSC-RO No. VIII for having been made in violation of Sec. 2.1 of CSC
M.C. No. 16 s. 2007, which provided that “all appointments issued after
election up to June 30 by outgoing elective appointive officials shall be
disapproved.” On appeal, the CSC properly modified CSC-RO’s ruling,
declared the appointment of the respondents valid on the ground that
the two are qualified. The new Governor went up to the CA which ruled
that respondents’ appointments were not valid for having been issued in
violation of CSC Rules and for failure to comply with the conditions for
exemptions laid in Nazareno v. City of Dumaguete.
2. The Provincial Governor is without authority to designate the
petitioner as Assistant Provincial Treasurer for Administration,
because under Sec. 471 of the LGC, it is the Secretary of
Finance who has the power to appoint assistant provincial
treasurer from a list of recommendees of the Provincial
Governor. (Dimaandal v. COA)
L While the Governor has the authority to appoint officials and
employees whose salaries are paid out of the provincial funds,
this does not extend to the officials and employees of the
Sanggunian Panlalawigan because such authority is lodged
with the Vice Governor
The authority of the Vice Governor to appoint officials and
employees of the Sanggunian Panlalawigan is anchored to the
fact that the salaries of these employees are derived from
appropriation specifically for said local legislative body (Atienza
v. Villarosa)
3. The authority to appoint casual and job order employees of the
Sanggunian Panlalawigan belongs to the Vice Governor. (id.)
4. The head of the department or office in the municipal
government shall be appointed by the Mayor with concurrence
of the majority of the Sanggunian Bayan members subject to
the service law, rules and regulations. The Sanggunian, as a
body, acts through a resolution or an ordinance. Absent such
resolution or concurrence, the appointment is invalid.
(Montuerto v. Ty)
5. The law does not intend to place local government officials in
the difficult position of having to choose between disobeying a
reassignment order and keeping an allowance. Thus, absent a
legal basis for its continuance, a government official who has
been reassigned is still entitled to receive RATA. (DBM v.
Leones)
c There is a great difference between an appointment and designation.
Appointment is the selection by the proper authority of an individual who
is to exercise the powers and functions of a given office, while
designation merely connotes an imposition of additional duties, usually
by law, upon a person already in the public service by virtue of an earlier
appointment.
Midnight Appointments of Local Chief Executives
*check De Rama v. CA*
However, each appointment must be judged on the basis of nature, character and
merits of the individual appointment and the circumstances surrounding the same.
When the appointments were made en masse by the outgoing administration and
shown to have been made through hurried maneuvers and under circumstances
departing from good faith, morality and propriety that the Court has struck down
“midnight appointments” (Sales v. Carreon)
Also, current rules and regulations by the CSC generally operate to avoid the
practice of “midnight appointments.” (Provincial Government of Aurora v. Marco)
Appointments Issued After the Elections by Defeated Officials
Not all appointments issued after the elections by defeated officials are invalid.
To be a valid appointment made after elections by the defeated officials, it must be
shown that:
(1) The appointments have undergone the regular screening process;
(2) The appointee is qualified;
(3) There is a need to fill up the vacancy immediately; and
(4) The appointments are not in bulk
CSC Reso. No. 010988 does not totally proscribe the local chief executive from
making any appointments immediately before and after the elections. It provides
that the validity of an appointment issued immediately before and after elections by
an outgoing local chief executive is to be determined on the basis of nature,
character and merit of the individual appointment and the particular circumstances
surrounding the same. (Nazareno v. City of Dumaguete)
OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES
AND PROVINCES (Secs. 469-490, R.A. 7160)
- Secretary to the Sanggunian
- Treasurer
- Assessor
- Accountant
- Budget Officer
- Planning and Development Coordinator
- Engineer
- Health Officer
- Civil Registrar
- Administrator
- Legal Officer
- Agriculturist
- Social Welfare and Development Officer
- Environment and Natural Resource Officer
- Architect
- Information Center
- Cooperatives Officer
- Population Officer
- Veterinarian
- General Services Officer
Qualifications:
Article I – Secretary to the Sanggunian (Sec. 469)
There shall be a secretary to the sanggunian who shall be a career official with the
rank and salary equal to a head of department or office.
L The appointment of a secretary to the sanggunian is mandatory for
provincial, city and municipal governments.
Qualifications: No person shall be appointed secretary to the sanggunian unless he
is:
(1) A citizen of the Philippines
(2) A resident of the local government unit concerned
(3) Of good moral character
(4) A holder of a college degree preferably in law, commerce or public
administration from a recognized college or university
(5) A first grade civil service eligible or its equivalent
Article iI – TREASURER (Sec. 470)
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The treasurer shall be appointed by the Secretary of Finance from a list of at least
three (3) ranking, eligible recommendees of the governor or mayor, as the case
may be, subject to civil service law, rules and regulations.
L The treasurer shall be under the administrative supervision of the
governor or mayor, as the case may be, to whom he shall report
regularly on the tax collection efforts in the local government unit.
L The appointment of a treasurer shall be mandatory for provincial, city
and municipal governments.
Qualifications: No person shall be appointed treasurer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in commerce, public
administration or law from a recognized college or university
(5) a first grade civil service eligible or its equivalent (
(6) 6) He must have acquired experience in treasury or accounting service
for at least five (5) years in the case of the city or provincial treasurer,
and three (3) years in the case of municipal treasurer.
Article iI – ASSISTANT TREASURER (Sec. 471)
An assistant treasurer may be appointed by the Secretary of Finance from a list of
at least three (3) ranking, eligible recommendees of the governor or mayor, subject
to civil service law, rules and regulations.
L The appointment of an assistant treasurer shall be optional for
provincial, city and municipal governments
Qualifications: No person shall be appointed assistant treasurer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in commerce, public
administration, or law from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired at least five (5) years experience in the treasury
or accounting service in the case of the city or provincial assistant
treasurer and three (3) years in the case of municipal assistant
treasurer.
Article iIi – The assessor (Sec. 472)
Qualifications: No person shall be appointed assessor unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in civil or mechanical
engineering, commerce, or any other related course from a recognized
college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in real property assessment work or
in any related field for at least five (5) years in the case of the city or
provincial assessor, and three (3) years in the case of the municipal
assessor.
L The appointment of an assessor shall be mandatory for provincial, city
and municipal governments.
ASSISTANT ASSESSOR (Sec. 473)
Qualifications: No person shall be appointed assistant assessor unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in civil or mechanical engineering,
commerce, or any related course from a recognized college or university (5) a first
grade civil service eligible or its equivalent
(6) He must have acquired experience in assessment or in any related field for at
least three (3) years in the case of the city or provincial assistant assessor, and one
(1) year in the case of the city or provincial assistant assessor.
L The appointment of an assistant assessor shall be optional for
provincial, city and municipal governments.
Article iV – THE ACCOUNTANT (Sec. 474)
Qualifications: No person shall be appointed accountant unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a certified public accountant
(5) He must have acquired experience in the treasury or accounting service
for at least five (5) years in the case of the provincial or city accountant,
and three (3) years in the case of the municipal accountant.
L The appointment of an accountant is mandatory for the provincial, city
and municipal governments.
L The incumbent chief accountant in the office of the treasurer shall be
given preference in the appointment to the position of accountant.
Article V – THE BUDGET OFFICER (Sec. 475)
Qualifications: No person shall be appointed budget officer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in accounting, economics, public
administration or any related course from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in government budgeting or in any related
field for at least five (5) years in the case of the provincial or city budget officer, and
at least three (3) years in the case of the municipal budget officer.
L The appointment of a budget officer shall be mandatory for the
provincial, city, and municipal governments.
L The appropriations for personal services of the budget officer provided
under the Department of Budget and Management shall, upon effectivity
of this Code, be transferred to the local government unit concerned.
Thereafter, the appropriations for personal services of the budget officer
shall be provided for in full in the budget of the local government unit.
Article VI – THE PLANNING AND DEVELOPMENT COORDINATOR (Sec. 476)
Qualifications: No person shall be appointed planning and development coordinator
unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in urban planning, development studies,
economics, public administration, or any related course from a recognized college
or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in development planning or in any related
field for at least five (5) years in the case of the provincial or city planning and
development coordinator, and three (3) years in the case of the municipal planning
and development coordinator.
L The appointment of a planning and development coordinator shall be
mandatory for provincial, city and municipal governments.
Article VIi – THE engineer (Sec. 477)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a licensed civil engineer
(5) He must have acquired experience in the practice of his profession for
at least five (5) years in the case of the provincial or city engineer, and
three (3) years in the case of the municipal engineer.
L The appointment of an engineer shall be mandatory for the provincial,
city and municipal governments. The city and municipal engineer shall
also act as the local building official.
Article VIii – THE health officer (Sec. 478)
Qualifications: No person shall be appointed health officer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character, and
(4) a licensed medical practitioner
(5) He must have acquired experience in the practice of his profession for
at least five (5) years in the case of the provincial or city health officer,
and three (3) years in the case of the municipal health officer.
L The appointment of a health officer shall be mandatory for the
provincial, city and municipal governments.
Article ix– THE civil registrar (Sec. 479)
Qualifications: No person shall be appointed civil registrar unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
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(4) a holder of a college degree from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in civil registry work for at least five
(5) years in the case of the city civil registrar and three (3) years in the
case of the municipal civil registrar.
L The appointment of a civil registrar shall be mandatory for city and
municipal governments.
Article x– THE administrator (Sec. 480)
Qualifications: No person shall be appointed civil registrar unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in public administration, law, or
any other related course from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in management and administration
work for at least five (5) years in the case of the provincial or city
administrator, and three (3) years in the case of the municipal
administrator.
L The term of administrator is coterminous with that of his appointing
authority.
L The appointment of an administrator shall be mandatory for the
provincial and city governments, and optional for the municipal
government.
Article xI– THE LEGAL officer (Sec. 481)
Qualifications: No person shall be appointed civil registrar unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a member of the Philippine Bar
(5) He must have practiced his profession for at least five (5) years in the
case of the provincial and city legal officer, and three (3) years in the
case of the municipal legal officer.
L The term of the legal officer shall be coterminous with that of his
appointing authority.
L The appointment of legal officer shall be mandatory for the provincial
and city governments and optional for the municipal government.
Article XIi – THE agriculturist (Sec. 482)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree in agriculture or any related course from a
recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have practiced his profession in agriculture or acquired
experience in a related field for at least five (5) years in the case of the
provincial and city agriculturist, and three (3) years in the case of the
municipal agriculturist.
L The position of the agriculturist shall be mandatory for the provincial
government and optional for the city and municipal governments.
Article XIIi– THE SOCIAL WELFARE AND DEVELOPMENT OFFICER (Sec. 483)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a duly licensed social worker or a holder of a college degree preferably
in sociology or any other related course from a recognized college or
university
(5) a first grade civil service eligible or its equivalent (6) He must have
acquired experience in the practice of social work for at least five (5)
years in the case of the provincial or city social welfare and
development officer, and three (3) years in the case of the municipal
social welfare and development officer.
L The appointment of a social welfare and development officer is
mandatory for provincial and city governments, and optional for
municipal government.
Article XIV– THE SOCIAL WELFARE AND DEVELOPMENT OFFICER (Sec. 484)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in environment, forestry,
agriculture or any related course from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in environmental and natural
resources management, conservation, and utilization, of at least five (5)
years in the case of the provincial or city environment and natural
resources officer, and three (3) years in the case of the municipal
environment and natural resources officer.
L The appointment of the environment and natural resources officer is
optional for provincial, city, and municipal governments.
Article XV– THE ARCHITECT (Sec. 485)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a duly licensed architect
(5) He must have practiced his profession for at least five (5) years in the
case of the provincial or city architect, and three (3) years in the case of
the municipal architect.
L The appointment of the architect is optional for provincial, city and
municipal governments.
Article XVI– THE INFORMATION OFFICER (Sec. 486)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in journalism, mass
communication or any related course from a recognized college or
university,
(5) a first grade civil service eligible or its equivalent
(6) He must have experience in writing articles and research papers, or in
writing for print, television or broadcast media of at least three (3) years
in the case of the provincial or city information officer, and at least one
(1) year in the case of municipal information officer.
L The appointment of the information officer is optional for the
provincial, city and municipal governments. The term of the information
officer is coterminous with that of his appointing authority.
Article XVII– THE COOPERATIVES OFFICER (Sec. 487)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in business administration with
special training in cooperatives or any related course from a recognized
college or university
(5) a first grade civil service eligible or its equivalent (
(6) He must have experience in cooperatives organizations and
management of at least five (5) years in the case of provincial or city
cooperatives officer, and three (3) years in the case of municipal
cooperatives officer.
L The appointment of the cooperatives officer is optional for the
provincial and city governments
Article XVIII– THE POPULATION OFFICER (Sec. 488)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree with specialized training in population
development from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have experience in the implementation of programs on
population development or responsible parenthood for at least five (5)
years in the case of the provincial or city population officer, and three (3)
years in the case of the municipal population officer.
L The appointment of a population officer shall be optional in the local
government unit: Provided, however, That provinces and cities which
have existing population offices shall continue to maintain such offices
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 APPOINTIVE OFFICIALS
for a period of five (5) years from the date of effectivity of this Code,
after which said offices shall become optional.

Article XIX- THE VETERINARIAN (Sec. 489)

Qualifications: No person shall be appointed engineer unless he is:

(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a licensed doctor of veterinary medicine
(5) He must have practiced his profession for at least three (3) years in the
case of provincial or city veterinarian and at least one (1) year in the
case of the municipal veterinarian.

L The appointment of a veterinarian officer is mandatory for the

provincial and city governments.

Article XX- THE GENERAL SERVICES OFFICER (Sec. 490)

Qualifications: No person shall be appointed engineer unless he is:

(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree on public administration, business
administration and management from a recognized college or university
(5) A first grade civil service eligible or its equivalent
(6) He must have acquired experience in general services, including
management of supply, property, solid waste disposal, and general
sanitation, of at least five (5) years in the case of the provincial or city
general services officer, and at least three (3) years in the case of the
municipal general services officer.

L The appointment of a general services officer is mandatory for the

provincial and city governments.

ADMINISTRATIVE DISCIPLINE
L Investigation and adjudication of administrative complaints against
appointive local officials and employees as well as their suspension and
removal shall be in accordance with the civil service law and rules and
other pertinent laws

[a] Preventive Suspension

the local chief executive may preventively suspend for a period not
exceeding 60 days any subordinate official or employee under his
authority pending investigation if the charge against such official of
employee involved dishonesty, oppression or grave misconduct or
neglect in the performance of duty, or if there is reason to believe that the
respondent is guilty of the charges which would warrant his removal from
the service. (Sec. 84, LGC)

H Plaza v. CA – Pursuant to this provision, the SC upheld the validity of

the act of Gov. Democrito Plaza preventively suspending respondent
who were being investigated for administrative complains lodged
against them. The suspension is not unjustified; it is one of the
sacrifices which holding a public office requires for public good. To be
entitled to back salaries, private respondents must not be only found
innocent of the charges, but their suspension unjustified.

[b] Disciplinary jurisdiction

except as otherwise provided by law, the local chief executive may
impose the penalty of removal from service, demotion in rank,
suspension for not more than 1 year without pay, fine in an amount not
exceeding 6 months’ salary or reprimand. If the penalty imposed is
suspension without pay for not more than 30 days, his decision shall be
final; if the penalty imposed is heavier, the decision shall be appealable
to the CSC which shall decide the appeal within 30 days from receipt
thereof.

H Garcia v. Pajaro – it is not he City Mayor, but the City Treasurer who
exercises disciplinary authority over a City Revenue Officer. As head of
the Office of the Treasurer, and the Revenue Officer being under him,
the former may validly investigate the said Revenue Officer and place
him under preventive suspension.